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PRIDGEN v. ANDRESEN

Nos. 568, 1413, Dockets 96-7428(L), 96-7456(XAP).

113 F.3d 391 (1997)

Hilary PRIDGEN, in her individual capacity as shareholder & director of Microbyx Corp., John Van Raalte, in his individual capacity as shareholder & director of Microbyx Corp., Hilary Pridgen and John Van Raalte, nominally and derivatively on behalf of Microbyx Corp., Plaintiffs-Counter-Defendants-Appellees-Cross-Appellants, v. John ANDRESEN, Defendant-Counter-Claimant, Constance Andresen, on behalf of herself and as executrix of the estate of John Andresen, and Microbyx Corp., a nominal defendant, Defendants-Counter-Claimants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 19, 1997.

Attorney(s) appearing for the Case

Yvette Harmon, Ross & Hardies, New York City (David B. Zabel, Cohen & Wolf, Bridgeport, CT, of counsel), for Plaintiffs-Counter-Defendants-Appellees-Cross-Appellants.

Constance Andresen, New York City, Pro Se.

Estate of John Andresen, New York City, Pro Se.

Before: JACOBS, CALABRESI, and LAY, Circuit Judges.

JACOBS, Circuit Judge.

In this derivative action, shareholders of Microbyx Corporation ("Microbyx") have won a judgment in the United States District Court for the District of Connecticut (Martinez, M.J.) against John Andresen, the corporation's co-founder, and Constance Andresen. On appeal, the Andresens appeared pro se to challenge the judgment, including the equitable award of attorney's fees pursuant to Delaware law and Fed.R.Civ.P. 23.1, and to defend...

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